World Factbook of Criminal Justice Systems

<p> World Factbook of Criminal Justice Systems       Australia       GENERAL OVERVIEW     1. Political system.        The Commonwealth of Australia is a federalist government composed of a national government and six State governments. The government of the Commonwealth is responsible for the enforcement of its own laws. The most frequently prosecuted Commonwealth offenses are those related to the importation of drugs and the violation of social security laws. Offenses against a person or against property occurring in Commonwealth facilities are also regarded as offenses against the Commonwealth.      The States are primarily responsible for the development of criminal law. Queensland, Western Australia, and Tasmania are described as “code” States because they have enacted criminal codes which define the limits of the criminal law. The remaining three States, New South Wales, Victoria, and South Australia are regarded as “common law’~ States because they have not attempted codification. In practice, however, there is little difference in the elements of the criminal law between the “code” and “common law” States.        Local governments can pass legislation, known as bylaws. These generally include social nuisance offenses as well as traffic and parking rules. Local government officials or the State and Territory police generally enforce the local government bylaws. The maximum penalty that can be imposed for conviction of a bylaw offense is a monetary fine. However, non-payment of fines can result in imprisonment.   2. Leqal system.        The structure of the Australian legal system is derived from, and still closely follows, that of the United Kingdom. In addition to parliament-made law, there is the “common law~ inherited from the English courts which has since been developed and refined by Australian courts. It should be noted, however, that since 1963 Australian courts have ceased to regard English decisions as superior or even equal in authority to those made by Australian courts. The legal system is adversarial in nature and places a high value on the presumption of innocence.      Due to the federalist system of government, there are nine separate legal systems in operation. Although there are some significant differences between these systems, they are essentiallv similar in structure and operation.   3. History of the criminal justice system.        For thousands of years Australia was inhabited by an indigenous people, now known as the Aborigines. In 1788, a British Penal Colony was established in the southeast part of the continent. Other settlements of European people were subsequently established elsewhere, leading to the creation of six independent British colonies: New South Wales, Victoria, Queensland, Western Australia, South Australia and Tasmania. These colonies became a federation in 1901, to eventually form the States of the Commonwealth of Australia, although since then, the Northern Territory and the Australian Capital Territory have been granted self government.      The Commonwealth of Australia has nine separate parliaments or legislatures, most of which have lower and upper houses. There are also several hundred local government authorities, known as councils or shires.      The national or Commonwealth Government is responsible for defense, foreign affairs, customs, income tax, post and telegraphs. The State or Territory Governments have primary responsibility for health, education and criminal justice, although the Commonwealth Government is also influential in these areas. Local governments are responsible for municipal functions such as town planning and the provision of civic amenities.      There exists a level of tension between the governments at the State or Territory level and the Government of the Commonwealth. This tension is almost exclusively concerned with the issue of the allocation of monies raised from income tax and the appropriate distribution of power. Since the 1970s, there has been a noticeable shift of power toward the Commonwealth Government.       CRIME     1. Classification of crimes.   *Legal classification.  Crime is generally defined as any conduct which is prohibited by law and which may result in punishment. Crimes can be classified as either felony, misdemeanor or minor offenses, but more commonly they are classified as indictable or not indictable offenses. Indictable offenses are those which are heard by the superior courts and may require a jury, whereas non-indictable offenses, which comprise the vast majority of court cases, are heard in magistrates courts, where no juries are employed.      While there are some classification differences among the various jurisdictions, in all jurisdictions indictable offenses generally include homicide, robbery, serious sexual and non-sexual assault, fraud, burglary and serious theft. In some jurisdictions, such as South Australia, there is a group of “minor indictable” offenses which can be heard in the superior or lower courts, according to the wish of the accused.      Criminal justice statistics are based on a classification scheme which divides crimes into offenses against the person, property offenses and “other”.   *Age of criminal responsibility. The minimum age of criminal responsibility and the upper age limit for hearings in juvenile courts varies among Australian States and Territories.  The minimum age of criminal responsibility, followed by the maximum age limit for hearings in the juvenile court in the various jurisdictions are as follows: New South Wales: 10 and 17; Victoria: 8 and 16; Queensland: 10 and 16; Western Australia: 7 and 17; South Australia: 10 and 17; Tasmania: 7 and 16; Northern Territory: 10 and 16; and the Australian Capital Territory: 8 and 17.  The minimum age of criminal responsibility in juvenile courts is 7, while the minimum age to be tried in an adult court is 16.      In all jurisdictions, any child above the age of criminal responsibility who is charged with homicide can be tried in an adult court. In some jurisdictions, juveniles may have their offenses tried in adult courts for offenses such as rape and treason.   *Drug offenses. Drug offenses constitute a major focus of all Australian criminal justice systems. The possession, use, sale, distribution, importation, manufacturing or trafficking of a wide range of drugs is illegal in all Australian jurisdictions. Illegal drugs include: marijuana (cannabis), heroin, designer drugs (ice, ecstasy), amphetamines (speed, LSD) and cocaine (including crack).      While the possession or use of any of these drugs is illegal, in some jurisdictions, notably South Australia and the Australian Capital Territory, marijuana has been partially decriminalized. Its possession or use may result in the imposition of a relatively small fine without the need to appear in court.   2. Crime statistics.        The following data has been compiled by the Australian Institute of Criminology from information contained in the annual reports of Australian police forces for the year 1991-92.   *Murder.  Homicide includes murder, manslaughter (not by driving) and infanticide. In 1991-1992, there were 356 homicides reported to the police, for a rate of 2.0 per 100,000 population. Attempts are not included.   *Rape.  Rape is defined as unlawful sexual intercourse with another person by force or without the consent of the other person. In 1991-1992, there were 48,698 rapes reported to the police, for a rate of 278.3 per 100,000 population.   *Theft.  Robbery is defined as the unlawful removing or taking of property or attempted removal or taking of property without consent by force or threat of force immediately before or after the event. In 1991-1992, there were 11,780 robbery offenses reported to the police, for a rate of 67.3 per 100,000 population.   *Drug offenses.  Drug offenses include the cultivation, manufacturing, importation, trafficking, sale, possession and use of narcotic or dangerous drugs. In 1991-1992, there were 86,470 drug offenses reported to the police, for a rate of 494.1 per 100,000 population.   *Crime regions.  There is a clear link between population density and the incidence of most types of crime. Crime rates are higher in large cities than in small towns or rural communities. This pattern is found in all Australian jurisdictions with the exception of the Northern Territory, where nearly all crime rates are higher than the Australian average. This is thought to be associated with the high crime rates found in Aboriginal communities. The Aborigines make up 22% of the total population in the Northern Territory, whereas they comprise only 1.5% of the entire Australian population.       VICTIMS     1. Groups most victimized by crime.        A number of large victim surveys conducted in Australia have consistently shown that most victims do not report crimes to the police. The main reasons that victims have cited for not reporting are that they consider the offence to be trivial or they believe the police either could not or would not do anything about the crime report. Such surveys have also found that victims are more likely to be men than women, young than old, unemployed and less well educated than the Australian norm.   2. Victims’ assistance agencies.        There are a number of agencies that provide crime victim assistance in all Australian jurisdictions. These agencies include rape crisis centers, women’s shelters, safe houses and voluntary organizations such as Victims of Crime Assistance League (VOCAL) and Victims of Crime Services (VOCS).   3. Role of victim in prosecution and sentencing.        Crime victims do not play an active role in the prosecution or sentencing of an offender in any Australian jurisdiction.   4. Victims’ rights legislation.        South Australia has enacted a Victims of Crime Charter, based on the United Nations Charter. This charter provides for victim impact statements to be prepared and used in certain cases and for victims to be consulted at the various stages in the criminal iustice process.       POLICE     1. Administration.        Australia has one police force for each of the six States and the Northern Territory. There is also a Commonwealth agency known as the Australian Federal Police which provides police services for the Australian Capital Territory and is also involved in preventing, detecting and investigating crimes committed against the Commonwealth. Thus, there are eight separate police forces for the nation. There are, however, a large number of other agencies which have specific law enforcement functions, including health inspectors, tax officials, and immigration and customs officers.      All Australian police forces have a hierarchical organization. In the larger police forces, the chief officer is known as the Commissioner, except in Victoria, where he or she is known as the Chief Commissioner. The larger forces also have one or more Deputy Commissioners and a number of Assistant Commissioners. Below these ranks are Chief Superintendents, Superintendents, Chief Inspectors and Inspectors. Officers achieving the rank of Inspector or above are known as commissioned officers. The remaining ranks consist of Senior Sergeants, Sergeants, Senior Constables and Constables.      In the State and Northern Territory police forces, the administration is divided into geographical districts, which are themselves divided into divisions and subdistricts. There is also a movement towards increasing the autonomy of regional police commanders in many Australian police forces.      The Commissioner of Police is directly accountable to a Minister, but the Minister is usually not permitted to influence the operation and decisions of police commanders. An Australian Police Ministers Council (APMC) meets at least once a year and is supported by the Commissioners in this context as the Senior Officers Group (SOG). The APMC and SOG structures have attempted to create a higher level of cooperation and uniformity of police practices throughout Australia.      Australian police forces are not closely associated with the military forces. Australian military forces have no responsibility for the maintenance of civil order. However, on very rare occasions the military forces have been required to provide assistance to the police. In the event of a serious natural disaster, such as a flood or bush fire, the military forces are asked to assist the police and other civilian authorities.   2. Resources.   *Expenditures. The total police expenditure for Australia in 1991- 1992 was approximately 2,743 million dollars with a per capita expenditure of 158.3 million dollars.  (The approximate expenditure on each Australian police force for the year 1991-92, followed by the per capita expenditure in each jurisdiction is as follows (in millions of dollars): New South Wales: 923.2 total and 156.4 per capita; Victoria: 549.6 total and 124.1 per capita; Queensland: 442.9 total and 149.0 per capita; Western Australia: 242.3 total and 145.4 per capita; South Australia: 261.8 total and 179.7 per capita; Tasmania: 57.5 total and 124.9 per capita; Northern Territory: 54.9 total and 345.8 per capita; and Australian Federal Police: 211.2 total. The per capita expenditure was not calculated for the Australian Federal Police because while a significant part of this police force is devoted to the Australian Capital Territory, the remainder serves the whole of Australia.)   *Number of police. The number of police personnel for the year 1991-1992 is as follows: New South Wales: 16,017; Victoria: 11,794; Queensland: 6,271; Western Australia: 4,129; South Australia: 5,749; Tasmania: 1,014; Northern Territory: 224; and Australian Federal Police: 3,079.   3. Technology.   *Availability of police automobiles. Australian police forces have a total of 9,662 motor vehicles. These include sedans, station wagons, panel vans, motorcycles, four-wheel drive vehicles, prison vans, trucks, buses and utility vehicles. The number of vehicles among the various Australian police forces in 1991 are as follows: New South Wales: 2,993; Victoria: 2,035; Queensland: 1,297; Western Australia: 1,405; South Australia: 1,079; Tasmania: 413; Northern Territory: 268; and Australian Capital Territory: 172.   *Electronic equipment. All Australian police forces have access to computer records, radio communications and radar. Computer-aided dispatch is available in metropolitan areas and some larger rural areas, while in more isolated areas police communications are limited to radio and telephone.   *Weapons. All rank and file police officers are issued .38 caliber revolvers. Special squads are issued semi-automatic weapons. Bullet proof vests are available in each police force, but they are only issued to individual police officers in particular emergencies.   4. Traininq and qualifications.        Australian police recruits are required to have completed their secondary education, although it is not always essential to have been awarded a qualification known as Higher School Certificate. A university degree is not generally required of police in Australia except for specialist posts. University training is encouraged for all recruits to the Australian Federal Police and increasingly in other police forces.      Recruits must undergo medical and psychological tests and are evaluated on their overall suitability, competence, physical fitness and character. Recruit training is a combination of classroom and field-based experience which takes approximately 18 months to complete. A portion of this training takes place in a police academy and the remainder is conducted on the job.   5. Discretion.   *Use of force. All police officers may use “appropriate” force when encountering violent persons. “Appropriate” is defined by the level of force required to overcome and apprehend the person(s). Police officers may use “lethal” force on a person if they believe their life or the life of another person is in danger. “Lethal” is defined as the level of force that might result in the person’s death.      All police officers carry handguns and handcuffs. They rarely carry batons; these are usually kept in police cars.   *Stop/apprehend a suspect. In general, a police officer may stop and apprehend any person who appears to be committing, or is about to commit, an offence.   *Decision to arrest. The vast majority of arrests are made without a warrant although there are jurisdictional differences concerning prerequistes to arrest.        As an alternative to arrest, police can “caution” suspects. There are published guidelines used by the police in relation to the cautioning of suspects, especially for juveniles. Cautioning can be informal, in which the individual police officer warns the offender. Cautioning can also be formal, in which the suspected offender is required to appear before a senior officer for the cautioning, although no court appearance is required.   *Search and seizure. Police are generally required to obtain a search warrant from a judge or a magistrate before they enter premises and seize property. However, illegal drugs and weapons can be seized without a warrant.   *Confessions. Whereas the issue of obtaining confessions from suspected offenders has been a controversial subject in the past, the controversy has diminished with the onset of video. Virtually all interviews with persons suspected of serious offenses are videotaped.   6. Accountability.        Complaints against the police are investigated by different authorities in different jurisdictions. The principal agencies involved in each jurisdiction are the following: New South Wales: State Ombudsman, Independent Commission Against Corruption and the Police Force’s Internal Affairs Department; Victoria: State Ombudsman; Queensland: Criminal Justice Commission and the Police Force’s Internal Affairs Department; Western Australia: State Ombudsman; South Australia: Police Complaints Authority; Tasmania: Police Force’s Internal Affairs Department; Northern Territory: Territory Ombudsman; Australian Capital Territory and Australian Federal Police: Federal Ombudsman.       PROSECUTORIAL AND JUDICIAL PROCESS     1. Rights of the Accused   *Rights of the accused at trial. All accused persons have the right to defend themselves in court but in serious cases most prefer to be represented by a legal practitioner. A recent decision by the High Court of Australia held that in all serious matters if the accused does not have access to legal advice, the case must be adjourned. (Dietrich, 1992).      In any trial, both the prosecution and the defense have the right to question and cross examine witnesses. In New South Wales, the accused person also has the right to make an unsworn statement, thus avoiding being cross- examined by the prosecution. This practice has been abolished in all other Australian jurisdictions.   *Assistance to the accused. A national system for the provision of free legal aid to accused persons was established in 1993 and subsequently some of the States have established legal service commissions which monitor and oversee the provision of this service. Eligibility to receive legal aid depends on the financial means of the individual and the merit of the case being defended. Legal aid is provided either through the salaried staff of a Legal Aid Commission or by assignment to private legal practitioners. Also, an extensive number of Aboriginal legal services throughout Australia receive separate funding from national or state leqal services.   2 Procedures.   *Preparatory procedures for bringing a suspect to trial. Arrested persons are brought to a police station where charges are brought against them. Before being charged, the arrested person is usually searched. The police are empowered to use force if the search is resisted. In all serious cases, arrested persons are photographed and finger printed before being charged. If no charges are brought, the accused person is released.      In most jurisdictions the police allow arrested persons to make a telephone call to a legal adviser, friend or relative. After the charging procedures are completed, the accused is either released on bail or held in custody.      The role of the police in pre-trial decision- making includes performing the necessary investigation and detection work, filing charges and, except for the Australian Capital Territory, prosecuting the case in court. In some cases and in all Federal matters, the Director of Public Prosecutions is involved in determining what charges will be brought. If the Director decides that the case should be heard on indictment (heard in a superior court), a committal or preliminary hearing in a lower court is usually held in order to discover whether there is sufficient evidence to proceed with the trial.      If the accused pleads guilty to a charge, the judge or magistrate may immediately impose a sentence without setting the case for trial. Thus, guilty pleas help to speed case flow and reduce case overload in the court system.      If the accused pleads not guilty, the evidence of the prosecution and defense are heard in an adversarial manner in court. Cases involving serious charges are heard in a higher court with a 12-member jury. However, in some cases, the accused person has the right to waive a jury trial.   *Official who conducts prosecution. Police will often conduct the prosecution for lower court cases, but not for those in the higher courts.   *Alternatives to trial. In some jurisdictions there are alternatives to formal charging and court appearance procedures. These alternatives involve the use of community justice centers or dispute resolution centers to provide for the resolution of disputes between conflicting individuals. The proceedings in these centers are relatively informal and the hearings are less expensive than court procedures. In addition, most States have small claims tribunals or courts that allow for minor matters to be settled without involving the police or lawyers.      Although plea bargaining is not officially permitted in any jurisdiction, some commentators have suggested there exists a form of charge bargaining, an arrangement by which an individual chooses to plead guilty to one or two particular charges with the understanding that other charges will be dropped.   *Proportion of prosecuted cases going to trial. Information not obtained.   *Pre-trial incarceration conditions.  Pre-trial incarceration is usually referred to as “remanded in custody”.   *Bail procedure. In all jurisdictions there is a strong presumption in favor of granting bail. Bail can be granted either by police or by the courts. There are three main grounds for the denial of bail and remanding an individual in custody: 1) to prevent the offense from being continued or repeated; 2) to ensure that the offender does not abscond and appears in court as required; and 3) to ensure that the accused person does not interfere with the process of justice (for instance, by contacting jurors or witnesses).      Generally, suspects brought on very serious charges, such as homicide, are remanded in custody for a substantial period of time while awaiting trial.   *Proportion of pre-trial offenders incarcerated. Approximately 13% of all Australian prisoners are awaiting trial with the period of stay on remand varying between a few days to more than one year in a small number of cases.       JUDICIAL SYSTEM     1. Administration.        Australia has a hierarchical system of courts with the High Court of Australia operating at the top. The High Court of Australia is the final court of appeal for all other courts. It is also the court which has sole responsibility for interpreting the Australian Constitution.      Within each State and Territory there is a Supreme Court and, in the larger jurisdictions, an intermediate court below it, known as the District Court, District and Criminal Court, or County Court. There is no intermediate court in Tasmania or in the two territories.      Below the intermediate courts there are Magistrates Courts at which virtually all civil and criminal proceedings commence. Approximately 95% of criminal cases are resolved at the Magistrates Courts level.      Parallel to the Supreme Courts in the States and Territories is a Federal Court that is primarily concerned with the enforcement of Commonwealth Law, such as that related to trade practices, but that also hears appeals from the Supreme Courts of the Territories.   2. Special Courts.   Juvenile/Children’s Courts. Each State and Territory has a children’s or juvenile court. Children’s courts are invariably closed to the public and the press in order to protect the anonymity of the accused.   Coroners Courts. These courts investigate suspicious deaths and fires. Some coroners courts have the authority to recommend persons for trial in higher courts.   Other Courts. There are many other courts in Australia such as the Family Court, the Industrial Court, Small Claims Tribunals, Licensing Courts, Mining Courts, Land and Environment Courts, and Courts of Disputed Returns, but few, if any, of these courts deal with criminal behavior.   3. Judges.   *Number of judges.  The High Court of Australia has seven judges.  Since its creation in 1901 there have been 37 appointments to the High Court. Except for one, all appointments have been male.      The Supreme Courts in each State and Territory are headed by a Chief Justice. The actual number of judges varies according to the size of the state. For example, there are 34 Supreme Court judges in New South Wales and seven in Western Australia. There are over 100 Supreme Court judges in Australia, all of whom are assisted by secretaries, bailiffs, associates, and Masters and Registrars of the Court.      The number of judges at the intermediate court level is almost twice the number at the Supreme Court level. There are approximately 500 magistrates in Australia. In some jurisdictions, lay persons are appointed as Justices of the Peace. Although, in the past, these lay persons were able to convene courts and sentence offenders, this power has largely been removed in recent years.   *Appointment and qualifications. All of the persons appointed to the High Court of Australia have been distinguished members of the legal profession, but a significant minority of them have also had political experience or have been judges in a Supreme or Federal Court.      The appointment of judges at each government level is the responsibility of the relevant government. In the case of the High Court and the Federal Court, formal judicial appointments are made by the Governor General. The Governor of the State formally appoints judges to the Supreme Courts. The identification and recommendation of persons to be appointed as judges in each jurisdiction is primarily the responsibility of the corresponding Attorney-General.       PENALTIES AND SENTENCING     1. Sentencing process.   *Who determines the sentence?  In cases where a person either pleads guilty or is found guilty, the sentence is determined by the judge or magistrate responsible for the case.   *Is there a special sentencing hearing?  In complex or serious cases there is frequently an adjournment to allow the judicial officer to consider the appropriate sentence and to hear argument from the prosecution and defense in relation to sentence.   *Which persons have input into the sentencing process?  Victim impact statements may be submitted in South Australia. In other jurisdictions pre-sentence reports are prepared to assist the judicial officer, usually by probation officers. Pre-sentence reports may also include a psychiatric opinion.   2. Types of penalties.   *Range of penalties. All jurisdictions permit the following penalties to be imposed: fines, probation orders (supervision or recognizance orders), community service orders or imprisonment. Some jurisdictions provide for the imposition of home detention. Home detention is usually employed as a post-prison order rather than as an order imposed directly by the sentencing court.   *Death penalty. Capital punishment and corporal punishment have been abolished in all Australian jurisdictions. The last execution took place in 1967.       PRISON     1. Description.   *Number of prisons and type. A11 prisons are the responsibility of states or territories. There are no federal penitentiaries or local jails.      There are approximately 80 prisons throughout Australia. This number is an approximation because several large institutions are subdivided into administratively independent units. Although most prisons are designated as either high, medium, or low security facilities, most are occupied by prisoners at varying levels of security classification.   *Number of prison beds. Information not available.   *Average daily/number of prisoners.  In May 1993, the total number of prisoners in Australia was 14,335, of which 13,640 were male and 695 were female.  The rate for imprisonment in Australia was 80.6 per 100,000 population.  There has been considerable concern over the rate of imprisonment, since it varies by jurisdiction. (The rate of imprisonment per 100,000 population in each jurisdiction, followed by the total number of prisoners, and male and female breakdowns, are as follows: New South Wales: 103.2 (total=6,230; male=5,914, female=316); Victoria: 50.0 (total=2,258, male=2, 145, female=113); Queensland: 68.8 (total=2,064, male=1,984, female=80); Western Australia: 110.8 (total=1,911, male=1,808, female=103); South Australia: 73. 0 (total=l, 087, male=l, 033, female=54); Tasmania: 55.9 (total=261, male=249, female=12); Northern Territory: 268.3 (total=432, male=420, female=12); and Australian Capital Territory: 29.8 (total=92, male=87, female=5. Australian Institute of Criminology.)      Approximately 15% of all prisoners are identified as Aborigines. This figure has been cause for concern since Aborigines comprise only 1.5% of the total Australian population.   *Number of annual admissions. Approximately 27,000 sentenced prisoners are received into prison in Australia each year and a much higher number of unconvicted prisoners are received on remand.   *Actual or estimated proportion of inmates incarcerated. Although violent crime constitutes a very small proportion of all crime in Australia, this category contributes the most to the numbers of people in prison at any one time.The total number and percentage of inmates incarcerated for various crimes, as of June 30, 1992:    Drug Crimes      1,522  (10%) Violent Crimes   6,484  (42%) Property Crimes (theft)         1,333   (8%) Other Crimes     6,220  (40%) Total Crimes    15,559 (100%)   Violent crimes include homicide (1,517); assault (1,483); sex offenses (1,662); and robbery (1,822).  Other crimes include: break and enter (2,340); fraud (544) driving and other traffic of fenses (1,007); breach of probation or similar court orders (950); receiving stolen goods (319); and “other” offenses (1,060).   2. Administration.   *Administration.  Information not obtained.   *Prison guards.  In 1991-1992, there was a total of 7,348 custodial staff personnel.  (The number of custodial staff personnel by jurisdiction, followed by the prisoner/staff ratio is as follows: New South Wales: 2,516 [2.4:1]; Victoria: 1,341 [1.7:1]; Queensland: 1,283 [1.5:1]; Western Australia: 1,018 [1.8:1]; South Australia: 704 [1:5.1]; Tasmania: 178 [1.5:1]; Northern Territory: 258 [1.8:1]; and Australian Capital Territory: 48 [0.4:1]).   *Training and qualifications. Generally, the training period for prison officers varies from 3 to 12 months and always involves a combination of classroom study and on-the-job training. Prison officers are required to undertake further study and pass examinations in order to be considered for promotion in the prison system. In Western Australia, persons who are appointed as superintendents or officers in charge of institutions must obtain some form of tertiary qualification.   *Expenditure on the prison system. In 1991-1992, the average cost per prisoner per day was 124.8 in Australian dollars.  Among jurisdictions, in 1991-1992, the average cost per prisoner per day in Australian dollars was as follows: New South Wales: 106.3; Victoria: 152.0; Queensland: 122.2; Western Australia: 145.6; South Australia: 143.9; Tasmania: 108.6; Northern Territory: 110.8; and Australian Capital Territory: 377.2. The very high cost per day for the Australian Capital Territory in part is explained by the fact that all of its sentenced prisoners are transferred to New South Wales. The only prisoners who are detained in the Australian Capital Territory are unconvicted prisoners on remand.   3. Prison conditions.   *Remissions. Until recently all convicted Australian prisoners were entitled to earn remissions or time off for good behavior. This approach has since been changed in New South Wales and Victoria as a result of support for an approach known as “truth in sentencing”. This change is said to have resulted in a significant increase in the number of inmates in prisons, particularly in New South Wales.      All States and Territories in Australia have provisions for parole and virtually all persons serving sentences of one year or more are released under a parole system. Most of the time, the number of persons serving parole is approximately two thirds of the total number of persons in prison. In addition, for every person in prison, there are approximately four persons serving other forms of non-custodial sentences such as probation or community service.   *Work/education. All prisons have provisions for work, education and training, recreation and support.   *Amenities/privileges. Inmates classified as requiring low security are able to obtain weekend leave. Other privileges are also available.   EXTRADITION AND TREATIES   *Extradition. Australia has entered into a number of treaties with foreign countries to facilitate the extradition of offenders and to provide mutual assistance in the investigation of serious crime.   *Exchange of prisoners. Australia has not yet, however, entered into any multilateral or bilateral treaties which would facilitate the transfer of foreign prisoners. This subject is under active consideration in Australia at the present time (1993). The available evidence suggests that approximately 200 Australian prisoners are serving sentences in as many as 30 countries in other parts of the world, and a slightly larger number of foreign prisoners are serving sentences in Australian prisons.   </p><br /><p><br />Credit:ivythesis.typepad.com</p><br />

World Factbook of Criminal Justice Systems

World Factbook of Criminal Justice Systems       Australia       GENERAL OVERVIEW     1. Political system.        The Commonwealt...

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Is Cadaver Research Ethical?

<p class="MsoNormal" style="text-align: center; line-height: 200%; vertical-align: top; margin-bottom: .0001pt; background: white"> <span class="apple-style-span"><b> <span lang="EN-US" style="font-size: 12.0pt; line-height: 200%; font-family: Arial,sans-serif; color: black; background: white" xml:lang="EN-US"> Is Cadaver Research Ethical?</span></b></span></p><br /><p class="MsoNormal" style="text-align: center; line-height: 200%; vertical-align: top; margin-bottom: .0001pt; background: white"> </p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%; vertical-align: top; margin-bottom: .0001pt; background: white"> <span class="apple-style-span"> <span lang="EN-US" style="font-size: 12.0pt; line-height: 200%; font-family: Arial,sans-serif; color: black; background: white" xml:lang="EN-US">  </span></span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%; vertical-align: top; margin-bottom: .0001pt; background: white"> <span class="apple-style-span"> <span lang="EN-US" style="font-size: 12.0pt; line-height: 200%; font-family: Arial,sans-serif; color: black; background: white" xml:lang="EN-US"> This research discusses the value of human cadavers in the medical field, as well as this also touches humanitarian ethics of using human cadavers in medical research and laboratory studies and experimentations.  Medical research that involves human cadavers is a process of testing, evaluating and researching for the further development and design for general quest for medical knowledge on human bodies.  Furthermore, a human cadaver is a dead body of a human person which is being used for medical study and research in order to gain personal information about human tissues, vital organs, as well as it is used for quest of human conditions and diseases; in order to attain possible medical solutions to numerous human diseases.    The use of human cadavers in the field of research is   being permitted by the Human Research Ethics Sub-Committee.</span></span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%; vertical-align: top; margin-bottom: .0001pt; background: white"> <span lang="EN-US" style="font-size:12.0pt; line-height:200%;font-family:"Arial","sans-serif";color:black" xml:lang="EN-US"> (<span style="color: black; text-decoration: none">http://www.lifequestanatomical.com/bodydonationresearch.php</span>)</span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%; vertical-align: top; margin-bottom: .0001pt; background: white"> <span class="apple-style-span"> <span lang="EN-US" style="font-size: 12.0pt; line-height: 200%; font-family: Arial,sans-serif; color: black; background: white" xml:lang="EN-US">  </span></span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%; vertical-align: top; margin-bottom: .0001pt; background: white"> <span class="apple-style-span"> <span lang="EN-US" style="font-size: 12.0pt; line-height: 200%; font-family: Arial,sans-serif; color: black; background: white" xml:lang="EN-US"> Human cadaver or medical cadaver is a body of a dead person which is donated to science at death; this is of course with the consent of the dead person prior to his death, or with the permission of the family members of the dead person.  This great contribution of human remains to science is considered a best gift of mankind into the continuous development of medical science.  Relatively, cadaver anatomy is very vital in medical education. The complexity design of the human body can be fully understood and studied seriously by the medical experts through a detailed examination of the tissues and organs and their numerous connections to one another. Indeed, human body is a crucial stepping stone of the medical students to successfully become physicians. And, majority of the medical students considered cadaver anatomy as the most difficult part of their education.  The cadaver anatomy course is greatly treated with high respect and humility; for here, the medical students are facing not only dead human bodies, but with the philosophical mysteries within the human body. Moreover, the study of human cadaver is a long and continuous process. It does not stop   after medical school; it even continues deeper study among physicians for their final evidence of a surgical method and medical approach to human treatment and medication. Even phenomenal advances in computer imaging and modeling technology permit medical research facilities to explore; still, ethics demand the use of medical cadavers to verify procedures before the doctors or physicians attempt to apply the medical procedure or surgery to living patients. Also, the continuing experimentation of human cadavers lets surgeons enhance and develop their highly superior techniques without giving any risks to the living patients. In this connection, the Life Quest is the program which facilitates medical research cadavers. The people in here are welcoming people who want to donate their loved ones’ whole dead body for further research and understanding of the progress of various diseases such as heart illness, Alzheimer’s disease, cancer and multiple sclerosis.  Relatively, the uses of medical research cadaver are almost an endless advocacy to many   experts in the field of science.  </span> </span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%; vertical-align: top; margin-bottom: .0001pt; background: white"> <span lang="EN-US" style="font-size:12.0pt; line-height:200%;font-family:"Arial","sans-serif";color:black" xml:lang="EN-US"> (<span style="color: black; text-decoration: none">http://www.lifequestanatomical.com/bodydonationresearch.php</span>)</span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%; vertical-align: top; margin-bottom: .0001pt; background: white"> <span lang="EN-US" style="font-size:12.0pt;line-height:200%;font-family:"Arial","sans-serif"" xml:lang="EN-US">  </span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%; vertical-align: top; margin-bottom: .0001pt; background: white"> <span lang="EN-US" style="font-size:12.0pt;line-height:200%;font-family:"Arial","sans-serif"" xml:lang="EN-US"> Over   the years performance tests through human cadavers were conducted to test the ballistic effects of different weapons and ammunition on the human bodies.  In the same manner, to determined the effectiveness of various body armors in defeating the threats presented by these projectiles. At present, modern military tests were conducted on human cadavers for rifles, shotguns and pistols.  And, there was about 1 year and 2 month’s duration of the study and research. Human cadavers are tested with respect, the faces and bodies are being covered; only area that is being tested is exposed. Cadaver research contributes a lot to science, military, crash-test dummies and safer cars making, and most importantly, the discovery of new advanced medicine for various serious diseases.  The demand for research cadavers is remained strong in the society today.  And, cadavers donated in Tulane University have been used in military studies of protective gear for soldiers who are in land mines. Donation of human cadavers into medical field has been considered a “special gift” to medical profession.  This is the primary reason that the medical students and the medical professionals are treated them with high respect such as they provide memorial services and “blessing” ceremonies for them; before they conduct their research.  It is obvious that through human cadavers many medical students become good and even successful doctors and surgeons in the field of medicines. Similarly, many military men overcome their enemies with the help of human cadaver research intervention.  Indeed, human cadavers are “real gifts” to mankind; because of them many lives are being saved. They help many fields of science to prevent a lot of   various body injuries as what other people suffer from. In the final note,  the study of human cadavers is a very  serious obligations of the concerned  areas of science, they should  show to the society, especially to  the families of those  dead human bodies that they work on, that they are worthy of their trust.  And, whatever output they </span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%; vertical-align: top; margin-bottom: .0001pt; background: white"> <span lang="EN-US" style="font-size:12.0pt;line-height:200%;font-family:"Arial","sans-serif"" xml:lang="EN-US">  </span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%; vertical-align: top; margin-bottom: .0001pt; background: white"> <span lang="EN-US" style="font-size:12.0pt; line-height:200%;font-family:"Arial","sans-serif";color:black" xml:lang="EN-US"> (<span style="color: black; text-decoration: none">http://www.soton.ac.uk/~jb3/bullet/gsw.html</span>)</span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%; vertical-align: top; margin-bottom: .0001pt; background: white"> <span lang="EN-US" style="font-size:12.0pt;line-height:200%;font-family:"Arial","sans-serif"" xml:lang="EN-US">  </span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%; vertical-align: top; margin-bottom: .0001pt; background: white"> <span lang="EN-US" style="font-size:12.0pt;line-height:200%;font-family:"Arial","sans-serif"" xml:lang="EN-US"> References:</span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%; vertical-align: top; margin-bottom: .0001pt; background: white"> <span lang="EN-US" style="font-size:12.0pt;line-height:200%;font-family:"Arial","sans-serif"; color:black" xml:lang="EN-US">(<span style="color: black; text-decoration: none">http://www.lifequestanatomical.com/bodydonationresearch.php</span>)</span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%; vertical-align: top; margin-bottom: .0001pt; background: white"> <span lang="EN-US" style="font-size:12.0pt;line-height:200%;font-family:"Arial","sans-serif"; color:black" xml:lang="EN-US">(<span style="color: black; text-decoration: none">http://www.soton.ac.uk/~jb3/bullet/gsw.html</span>)</span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%; vertical-align: top; margin-bottom: .0001pt; background: white"> <span lang="EN-US" style="font-size:12.0pt;line-height:200%;font-family:"Arial","sans-serif"; color:black" xml:lang="EN-US"> </span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%; vertical-align: top; margin-bottom: .0001pt; background: white"> <span lang="EN-US" style="font-size:12.0pt;line-height:200%;font-family:"Arial","sans-serif"" xml:lang="EN-US">  </span></p><br /><p><br />Credit:ivythesis.typepad.com</p><br />

Is Cadaver Research Ethical?

Is Cadaver Research Ethical?     This research discusses the value of human cadavers in the medical field, as well as this also t...

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Hypothetical Development Method of Valuation (HDMV) and Residual Method of Analysis(RMA)

<p class="MsoNormal" style="text-align:justify;line-height:200%"><b> <span style="font-family:"Arial","sans-serif"">Introduction </span></b></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif"">            This paper discusses the similarities and differences of Hypothetical Development Method of Valuation (HDMV) and Residual Method of Analysis (RMA) to strategically found the borderline with regards to their functionality, methodology and other features.  In effect, this can mitigate the overlapping perception of laymen regarding their uses and the usage of the appropriate term for any effort regarding asset valuation and analysis.  The structure of the paper is as follows: introduction, literature review, relevant cases and conclusion.  The literature review illustrates the demarcation between HDMV and RMA explicitly through professionally-quoted definitions, some historical background, comparative evaluation against other methodologies and empirical researches.  Two court cases are derived in the Australian Courts with primary disputes arising from Pointe Gourde and San Sebastian principles respectively.  The case analysis concentrates on HDMV and RMA implications from/ to the cases.  Lastly, conclusion is attached for summary of learning and clarification of the paper objective with regards to the belief of the writer.                        </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif""> </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"><b> <span style="font-family:"Arial","sans-serif"">Literature Review</span></b></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif"">Hypothetical Development Method   </span></p><br /><p class="MsoNormal" style="text-align:justify;text-indent:.5in;line-height:200%"> <span style="font-family:"Arial","sans-serif"">Valuation methods developed as early as 1900s primarily to guide litigation, and lately, as basis for professional practice standards especially for public accountants and other licensed valuators ( 2006).  The latter admonition is what Australian Property Institute is applying to its members to streamline valuation techniques.  The assessment of value oftentimes leads to determination of the market value<b> </b>in which negotiation between the willing buyer and willing seller is the fundamental premise ( 2006).  Within this voluntary arbitration, a common assumption exists wherein the market value of a certain property should be based on its highest and best use.  However, there are properties such as land that have been yet to be consume to its maximum potential making the establishment of the land’s value in question, if not, in dispute.  In these cases, hypothetical development method of valuation (HDMV) is proved to be valuable.   </span></p><br /><p class="MsoNormal" style="text-align:justify;text-indent:.5in;line-height:200%"> <span style="font-family:"Arial","sans-serif""> </span></p><br /><p class="MsoNormal" style="text-align:justify;text-indent:.5in;line-height:200%"> <span style="font-family:"Arial","sans-serif"">HDMV involves scenario planning by which a particular development proposal is applied to the value of the property initially to resolve “highest and best use” issues.  The market value is derived by deducting the selling, development cost and associated risk of the “pre-supposed” future property from its original sale price without the proposal ( 2006).  In this way, HDMV is useful in assessing feasibility of a certain project, rational decision between development alternatives and the determination of market value for the proposed developments not merely the property itself.  For example, an owner is deciding whether to sell or improve (put investment) his property.  By applying HDMV, he can determine the most profitable decision alternative.  If after HDMV it is found that the market value of property development is greater than the sale price of the unimproved land, the owner can likely opt to sell the land to avoid investment risk.      </span></p><br /><p class="MsoNormal" style="text-align:justify;text-indent:.5in;line-height:200%"> <span style="font-family:"Arial","sans-serif"">As observed in the table below, HDMV is distinguishable with other property valuation methods because it departs from the central goal of property valuation per se and has the ability to reflect alternative development options applicable to such property.  Perhaps, discounted cash flow analysis float side-by-side to this HDMV unique feature as it also deviate from the property in question to the propensity of an asset to generate income.  However, unlike HDMV, cash flow analysis does not aid in valuing the highest and best use of the property when applied with improvements rather the quality of income stream.  This can also be in the case of capitalization method as it involves the inclusion of rent income in the valuation.  The remaining methods have the central similarity of basing valuation with similar transactions which would ultimately undermine or overestimate the market value of property in question due to variances in size, location, views and quality of accommodation.  This procedure is subjective to the valuer that is imposed with infinite factors to consider and analyze as well as personal biases and self-vested interests.  On the other hand, HDMV can control these factors and biases by imposing limitations to valuation through development costs alone.  The limitation, however, also arises to this strength because HDVM does not have the ability to measure the value of property rather the property developments in the future.   </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif""> </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif"">Table 1: Comparison of Valuation Methods against HDMV</span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"><b> <span style="font-family:"Arial","sans-serif"">Method </span></b></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"><b> <span style="font-family:"Arial","sans-serif"">Primary Activities </span></b></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"><b> <span style="font-family:"Arial","sans-serif"">Unique Feature</span></b></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"><b> <span style="font-family:"Arial","sans-serif""> Practical Use</span></b></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">Direct Comparison</span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">- comparison of the property with similar transactions  </span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">- can be straight or analytical comparison  </span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">- most frequent used method especially in residential property and vacant land </span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif""> Summation</span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">- comparison of vacant and developed sites</span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">- the added value of improvements is added to the result of the primary activity </span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">- helpful in rating and taxation valuation</span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif""> Capitalization</span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">- net passing rental is capitalized or multiplied in perpetuity  </span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">- uses a certain percentage called yield that has a formula of net rent/ sale price</span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">- used in commercial, investment and hospitality premises whose operations are on a going concern </span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif""> Hypothetical Development </span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">- pre-supposes a development proposal on a certain property </span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">- scenario planning for future property improvements</span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">- applied in assessing the feasibility of a project, development option and value of the proposed development</span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif""> Depreciated Replacement Cost</span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">- methodology of summation with regards to depreciated replacement cost</span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">- uses cost estimates and allowances for depreciation to account for property and improvement obsolesce</span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">- evaluation of specialized assets for financial reporting purposes</span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif""> Discounted Cash Flow Analysis </span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">- use the stream of future cash flows of the property  </span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">- necessitate computation of net present value (NPV)</span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">- use to value substantial commercial premises subject to long-term lease agreements, and also, valuing subdivisions </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif""> </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif""> </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif"">Residual Method of Analysis</span></p><br /><p class="MsoNormal" style="text-align:justify;text-indent:.5in;line-height:200%"> <span style="font-family:"Arial","sans-serif"">One of the uses of residual method of analysis (RMA) is to assess the socio-economic value instead of mere profitability of redevelopment and rehabilitation plans on a certain property such as land ( 2006).  The tenet of not improving a land, that is, when the sale price of a completed development is less than the cost of development, gives rise to abruptly selling the land without investment on it.  This is what HDVM reflect and imply whenever the market value of the land is expressed.  However, the financial focus of HDVM makes it non-conducive as analytical tool especially when the decision criteria go beyond profit maximization for the parties involved. </span></p><br /><p class="MsoNormal" style="text-align:justify;text-indent:.5in;line-height:200%"> <span style="font-family:"Arial","sans-serif""> </span></p><br /><p class="MsoNormal" style="text-align:justify;text-indent:.5in;line-height:200%"> <span style="font-family:"Arial","sans-serif"">RMA considers offsetting of cultural and financial value when deciding on land improvements (2006).  For example, an investor plans to rehabilitate a land location with cultural heritage value that requires relocation of illegal squatters as well as demolition.  There are cases that the improved environment of the land can lure tourist that can infuse the probability of making the investment catalyst for economic transactions to flourish.  This can ultimately lead to the rise of the market value of the rehabilitated land from its original acquisition and development costs.  However, in cases that the value of rehabilitated land is less than the associated costs, the cultural value can replace the lacking of the financial value of the investment which can mitigate economic costs from investors.  RMA allows social financial analysis to be available to specific properties which the government and public organizations can utilize to have optimal obtainment of their goals and responsibilities.</span></p><br /><p class="MsoNormal" style="text-align:justify;text-indent:.5in;line-height:200%"> <span style="font-family:"Arial","sans-serif""> </span></p><br /><p class="MsoNormal" style="text-align:justify;text-indent:.5in;line-height:200%"> <span style="font-family:"Arial","sans-serif"">For its part, HDMV redeem its importance as it is the initial step to be undertaken when conducting an RMA.  The basic equation of residual method of valuation is in accordance to what HDVM reflects to value properties, such that, C = A – B, where A stands for the sale price of the completed development, B stands for the cost of development works including profits and C stands for the maximum purchasing cost of land to carry out the development and to protect future income streams (2006).  On the contrary, RMA goes beyond numbers and allows non-monetary rather social benefits to mitigate economic costs.        </span></p><br /><p class="MsoNormal" style="margin-left:.25in;text-align:justify;line-height: 200%"><span style="font-family:"Arial","sans-serif""> </span></p><br /><p class="MsoNormal" style="text-align:justify;text-indent:.5in;line-height:200%"> <span style="font-family:"Arial","sans-serif"">Properties such as licenses caused widespread debate in the US and its Federal Communication Commission (FCC) on how to treat the value of intangible media assets (2005).  In this case, the FCC license itself derived the most attention from the media industry and authorities.  For this purpose, there are several methods of valuation analysis to consider (see table below).  Unlike HDMV, RMA together with cost approach is the simplest forms of valuation analysis.  The bottleneck, however, arise from the fact that RMA as well as cost approach do not account for full value of the property.  This is in accordance to what some of Securities and Exchange Commission (SEC) staffs have argued.  They added that direct-value methods are more accurate measure of the license’s cost.  In the contrary, they are taunted as subjective which is pointed as source of their weakness.  RMA polish this shortcoming by simply subtracting the fair-market value of the business to the amount of its total assets.  The residual amount or the difference will stand as the license value.  In this case, the license value is one of the most crucial properties that a media company should possess because it is the core requirement to be able to operate in the industry.  As such, it is very important and strategic for industry actors to measure its value.  Through licenses, the government can derive levies, business entities can operate and undergo licensing schemes and the community can possess the key to reflect their voices from government lobbying.        </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif""> </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif"">Table 2: Comparison of Techniques in Valuation Analysis against RMA </span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"><b> <span style="font-family:"Arial","sans-serif"">Method </span></b></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"><b> <span style="font-family:"Arial","sans-serif"">Core Task</span></b></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"><b> <span style="font-family:"Arial","sans-serif"">Strengths</span></b></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"><b> <span style="font-family:"Arial","sans-serif""> Weaknesses</span></b></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">Residual </span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">- uses a series of subtraction wherein the left over value of the purchase price (the market value of the entity/ business) that is deducted with its assets will be the license amount</span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">- simple and the allocation of the residual to the license value reflects the start-up importance of licenses </span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">- it does not account to the full value of the property unlike direct-value methods</span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">Income approach</span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">- the income that can be derived from license issuance is related to the cost of the license</span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">- fits to direct-value method </span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">- multiple scenario thinking leads to plenty of subjectivity and hypothetical analysis </span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">Market comparison </span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">- the value of the license is based on similar properties</span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">- fits to direct-value method</span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">- Difficult to find similar transaction data</span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">Cost approach</span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">- the investor will only pay the replacement or reproduction cost of the property</span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">- fits to direct-value method</span></p><br /><p class="MsoNormal" style="text-align: justify; line-height: 200%"> <span style="font-family:"Arial","sans-serif"">- This approach does not mirror the full economic value of the license or franchise</span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif""> </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif""> </span></p><br /><p class="MsoNormal" style="text-align:justify;text-indent:.5in;line-height:200%"> <span style="font-family:"Arial","sans-serif"">Later, the argument of SEC staffs won a SEC policy prohibiting entities to use residual method when performing annual impairment test (2005).  The test is carried-out to determine if the carrying amount of an asset exceeds its fair value ( 2006).  However, residual method tackles this issue very lightly, primarily due to its simplicity of execution, which in turn undermine the proper approach to intangible assets particularly the goodwill.  As a result, the nature of the goodwill, which is not saleable by itself and cannot produce its own cash flows ( 2006), valuation turned out to be problematic and inaccurate.  In effect, the prohibition was implemented.  In the case of Emmis Communications, an Indianapolis-based media firm, the change of accounting regulation resulted to a non-cash charge of approximately 0M (net of tax) (2005).  This situation gives rise to an argument that residual method tends to undermine the intangible asset of an entity in favor of those financial and tangible ones.           </span></p><br /><p class="MsoNormal" style="text-align:justify;text-indent:.5in;line-height:200%"> <span style="font-family:"Arial","sans-serif""> </span></p><br /><p class="MsoNormal" style="text-align:justify;text-indent:.5in;line-height:200%"> <span style="font-family:"Arial","sans-serif"">On the other hand, Media General, a Southwestern American media firm, was affected relatively more unfavorably than other industry participants as they are on the top spot of the industry (2005).  This is because its intangible asset is relatively greater than competitors that can be reflected by its reputation, innovation abilities and human resources (2003).  The emergence of SEC Topic D-108 or the “Use of Residual Method to Value Acquired Assets Other Than Goodwill” also initially charged the company with at least 0M (the same as ) ( 2005).  The Residual Method is the commonly used method of valuation analysis from 1997 to 2000 until the adoption of the policy in 2001.  The predicament arises because former users of the method will have to accept direct method in which the valuation of FCC licenses prohibits the association of the station’s value.  As residual method merely accepts the value of the license from the residual of its business value from its total assets, the previously higher licensing levies by licensor to its clients will be slashed by the amount of goodwill the former is carrying.  No wonder that top media firms and stations will be the ones who will be seriously affected by the legal restriction.   </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif""> </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif"">The Nature and Studies of/ on Property Valuation and Analysis</span></p><br /><p class="MsoNormal" style="text-align:justify;text-indent:.5in;line-height:200%"> <span style="font-family:"Arial","sans-serif"">The International Valuation Standards Committee (IVSC) states that competent, objective and professionally developed valuations are required for effective business transactions ( 2006).  Asset valuation has its roots in classical and contemporary economics wherein the techniques are formally established during 1940s.  Due to the shortages of historical costing, current valuation proves to have growing recognition in financial reporting.  In its attempt to organize and streamline the process of property valuation, Australia produced Australian Property Institute (API) that invites all property valuators to be a member ( 2006).  The organization is highly-respected which leads to some Australian companies requiring its mortgage valuators to be a member of API.  </span></p><br /><p class="MsoNormal" style="text-align:justify;text-indent:.5in;line-height:200%"> <span style="font-family:"Arial","sans-serif""> </span></p><br /><p class="MsoNormal" style="text-align:justify;text-indent:.5in;line-height:200%"> <span style="font-family:"Arial","sans-serif"">Real asset valuation is typically estimated with an error as there are several factors a valuator should consider but time constraint and personal biases hamper the process to achieve objectivity (2002).  For a simple real (illiquid) asset, variance factors are unique locational, physical and contractual-relational characteristics that cannot be replicated by comparable assets.  In addition, when the asset will not be traded or sold for the mere purpose of (say) taxation, estimation persists.  Moreover, this difficulty tripled for commercial real estate due to the presence of revenue flows in valuation analysis.  Lastly, there is the tendency for the error to be carried over time making that valuation to be driven away from accuracy like “a drunk tends to wander further and further from his starting point”.  This means that the initially wrong valuation tends to be increasingly aggravated and problematic as time and transaction pass by (2002). </span></p><br /><p class="MsoNormal" style="text-align:justify;text-indent:.5in;line-height:200%"> <span style="font-family:"Arial","sans-serif""> </span></p><br /><p class="MsoNormal" style="text-align:justify;text-indent:.5in;line-height:200%"> <span style="font-family:"Arial","sans-serif"">The research of  (2002) found a methodology to resolve this problem.  They propose that the optimal value estimate for a real asset is shown by three time-weighted terms; namely, a deterministic forward value, a comparison of observed values with previously determined time-filtered values and a convexity correction for incomplete information.  This conclusion stemmed to there assumption that there are true asset values that are unobservable.  The heart of the methodology integrates the observable and unobservable values of the asset through the use of autocorrelation and variances to calculate an efficient unbiased estimate of the true asset value.  This research has useful implications in the land valuation specifically.  </span></p><br /><p class="MsoNormal" style="text-align:justify;text-indent:.5in;line-height:200%"> <span style="font-family:"Arial","sans-serif""> </span></p><br /><p class="MsoNormal" style="text-align:justify;text-indent:.5in;line-height:200%"> <span style="font-family:"Arial","sans-serif"">There are cases by which RMA is on the upper hand against the strict valuation features of HDMV possibly by the former ability to analyze the situation and other factors beyond financial matters.  For example, the US Department of Interior (DOI) previously have strong assumption in favor of market price and appraisal methodologies in measuring damages committed by a guilty organization to compensate for environmental injury (1991).  However, the District Court of Appeals placed DOI in error from persistently using this method.  In the case of hazardous spills, natural resources and ecosystems have underlying values that are not fully captured by financial conversions.  As such, valuation methods are not standalone techniques when reflecting the entire, causal effects and perpetual damages of oil spills and other corporate mismanagements.               </span></p><br /><p class="MsoNormal" style="text-align:justify;text-indent:.5in;line-height:200%"> <span style="font-family:"Arial","sans-serif""> </span></p><br /><p class="MsoNormal" style="text-align:justify;text-indent:.5in;line-height:200%"> <span style="font-family:"Arial","sans-serif"">The critique of contingent valuation (CV) and travel cost methods (TCM) in the realm of natural resources and ecosystems may also stand as an eye-opener for deeper thoughts about RMA and HDMV (1991).  CV requires a valuation method that relies on individual responses to establish exchange value while TCM places valuation weighs on the travel costs of certain recreational sites from the destination of travelers to the site itself.  The absence of price for non-market goods and determining its value is the challenge CV and TCM ought to pursue.  However, the methodology of these two valuation techniques is tarnished.  CV uses a questionnaire format to aid non-market goods but the open-ended question of this instrument adversely affects its reliability and validity.  On the other hand, TCM looses its accuracy due to its valuation assumptions on how to deal with travel time, timing of visitors and number of visits that is obvious from travel contingencies and excessive uncertainty of traveling from the perspective of travelers.  As implied, subjectivity and ambiguous assumptions deflect the objectivity of property valuation.  </span></p><br /><p class="MsoNormal" style="text-align:justify;text-indent:.5in;line-height:200%"> <span style="font-family:"Arial","sans-serif""> </span></p><br /><p class="MsoNormal" style="text-align:justify;text-indent:.5in;line-height:200%"> <span style="font-family:"Arial","sans-serif"">For the purposes of the preceding study, HDMV can be inserted with some weaknesses with regards to accuracy.  This is especially significant if the development proposal to the land is not readily supported by a sufficient investment.  There should be a guarantor to finance the improvement to be able for HDMV achieve accuracy as property valuation method.  In the contrary, HDMV does not measure the value of land rather the value of the project.  For this purpose, this idea is applicable to other valuation methods.  On the other hand, the weakness of RMA is identified in its simplicity.  The study can be useful for direct-value methods by which there are several factors to consider that questionnaire would be a possible improving tool for better valuation analysis.  This is because valuators may face subjective answers when surveying the property and determining the relevant factors to consider.</span></p><br /><p class="MsoNormal" style="margin-left:.25in;text-align:justify;line-height: 200%"><span style="font-family:"Arial","sans-serif""> </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"><b> <span style="font-family:"Arial","sans-serif"">Relevant Cases</span></b></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif"">Waters v Welsh Development Agency</span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif"">            This case highlighted the inability of HDMV to aid in deriving sound judgment for the purpose of determining the value of land alone.  Although the use of HDMV concerns with valuing improvements which is the distress arising from the natural reserve qualities of the subject land, the case shows the far more important aspect of initially identifying if the improvements intended in the subject land is conclusive in its valuation ( 2006).  However, HDMV would have helped when the natural reserve qualities of the subject land is included in the valuation attributable to the claimants.  The valuation method would have provided the total sum of compensation the claimants should receive from the respondents.  In the contrary, the process is not been tapped as it was initially admitted that the value of the subject land was exclusive with the improvements the acquirer can provide after the purchase and after the development (2006)</span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif""> </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif"">            The preceding statement can be partially answered by RMA because of its ability to measure the socio-economic qualities of the subject land.  Impliedly, it may have been used when the possible increase in value of the claimant’s land after acquisition by the respondents is terminated in arriving at the compulsory acquisition compensation (2006).  RMA has the capacity to strip back the value of the land without the pre-supposed improvements.  The Court admonished that the increase in compensation primarily due to the improvements of the land from the acquirer’s developmental efforts is invalid (2006).  RMA is a more active tool than HDMV because the value of the subject land is required less with the value of improvements.  Another, RMA is an analytical technique where the bounds of HDMV are very limited.  However, RMA socio-economic indicator is undermined because the acquisition features of the subject land of providing habitation for national birds from the primary work of constructing a barrage is not injected in the computation (2006).  </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif""> </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif"">            The case noted several learning on determining property value.  First, the seller should expect that a buyer would realize an enhanced value for the subject land as it would appear to be non-saleable if positive characteristics are not eminent.  This is in conjunction with the “value to the owner” principle in which the claimant should establish his own share to increase the value of the subject land (2006).  In effect, no other value attributable to the subject land should arise if the need and purpose of the acquirer is already triggered.  In the latter case, the supposedly increased in value would be passed on to the buyer.  This provision convinced that HDMV is useful for the buyer alone to establish the level of development in the acquired land.  On the other hand, RMA can be useful in the perspective of the Court to explain fully the reduction in the value complaint of the claimants.  The claimants can use HDMV to compare the probable increase in the purchase price to the cost of litigation to assess their risks, that is, there should be a positive net gain between them.  </span> </p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif""> </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif"">            Secondly, the “special and pressing want” of the acquirer-authority should be disregarded in imposing the fair compensation value for the claimants and the subject land (2006).  There is no reason that the increase in motivation and interest of the buyer can amplify the land’s value.  The Court implied that the seller cannot use such to push his self-vested concentration that ultimately bends the real value of the property.  This is learning for HDMV and RMA to exclude potentiality assessment beyond ones that can be realized in the strict open market.  Here, the buyer are seen as homogenous and should be approached in determining the value of the subject land accordingly.  Third and last, when assessing property value, the Pointe Gourde or “no scheme” principle applies (2006).  This means that there should be no increase in the value of land due to the implementation of a certain project.  This is helpful in rationalizing the improvement-based limitation of HDMV.  Its unique feature to evaluate the benefits of land or property development takes away its ability to evaluate the land or property instead.  In the contrary, RMA mitigates this shortcoming by readily reducing the land value with developments to arrive with the value without the development.  </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif""> </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif"">Bowers v Council of the Shire of Pine Rivers   </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif"">            This case reflects the attributes of HDMV.  Although it was not made implicit how the Court arrive in the exact amount of valuation from the disagreement of the claimant (.8M) and respondent (.4M) on the value of the land with pre-supposed development (2006).  The hypothetical improvement is arisen from the 2003 intention of the respondent to resume the part of the 1978 land that included that of the claimant (2006).  In the offing, the hypothetical amounts arrived by the two parties are applied with HDMV.  However, the Court dug further from the arguments of the two parties in establishing the prospects of the subject land.  For their purpose, RMA is minimally, if not actually, used.  This is because HDMV and other valuation methods are the main tools that were utilized to determine the “best guess” on the per hectare rate of the resumption (2006).  The main issue is to identify the highest and best use for the subject land wherein the claimant arrive on its land valuation figure by acknowledging that the land is possible to undergo a Residential A development while the respondent argued that it can only serve six rural residential allotments (2006).  </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif""> </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif"">            Just like the first case, the second case provided several learning about property value.  Initially, HDMV requires the development presumption to be framed and rationalize within the legal and operational restrictions that can impede and dissolve intended improvements (thus, additional value/ cost) for the subject land.  This is what the “San Sebastian” principle is aimed at (2006).  According to the research of the Court, Residential A prospect was viewed non-operational because there is no water and sewerage system at the time and before the resumption deal (2006).  Further, rural allotments are too minimum for the highest and best use of the land.  Rather, the Court awarded a probable improvement of the land as small park lots (2006).  This brought to the open that the Court tried to rule in the middle of the claimant and respondent’s respective arguments.  Due to this, it can be said that the execution of HDMV has shares of property analysis, development factor research and the intention of the Court for mitigation not merely arrival at an accurate valuation.</span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif"">            Then, RMA does not embody all the necessary tools to resolve property issues.  Its optimal benefits are achievable if the property in question has already been applied with improvements.  For the purpose of the Court, this situation is not useful because the property has yet been imposed with development.  In fact, the core dispute of the two parties is the cost of the prospective development on the property (2006).  As such, RMA obtain its own weakness.  It does not have the concrete function to resolve valuation issues unlike HDMV primarily because the former is a technique for analysis.  And in analysis, the premises and results should be available to be able for scrutiny to take place.  Due to this, the case proves that HDMV is a prerequisite for RMA at times when development values are conflicting between the two parties in litigation.</span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif""> </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"><b> <span style="font-family:"Arial","sans-serif"">Conclusion         </span></b></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif"">            From the presentation, it is found that HDMV and RMA have their strengths and weaknesses primarily because they belong to different methodologies; namely, valuation and analysis.  As observed, RMA is used for the obtainment of HDMV since the arrival of a more accurate value estimate for a property requires analysis of the factors to be included in the valuation.  On the other hand, HDMV serve as the benchmark for RMA to be able for parties to have valuation comparison and arousal of litigation goals if deviations are too excessive.  This ultimately creates a vicious cycle wherein the methodologies of RMA and HDMV overlap that makes distinguishing their function difficult.  Seemingly, one cannot be fully used if the other is not in similar operation or there is an error in using the complementary methodology.  In effect, the process of valuation as well as deciding in litigation turn-out to be two-times exposed to error, that is, error in valuation and error in analysis.  </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif""> </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif"">            In addition, the role of a valuator to his client exist because the task of valuating a property is knowledge-based and only expert advise can survive the industry standards and expectations.  Due to this, it is inevitable for valuators to transform HDMV and RMA as complementary techniques to arrive at a professional level of valuation methodology.  The use of such is what clients want and what Court needs.  In the event that HDMV and RMA are separated, problems that ultimately lead to litigation arise.  The absence of HDMV in RMA pursuits can be argued with result that has a lack in valuating the property entirely including future improvements to arrive at the highest and best use.  Conversely, the absence of RMA in HDMV efforts can lead to financially-focused property value without regard to the implicit but important issues to consider like life and environment.  </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif""> </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif"">            With this admonition, it is no wonder that HDMV and RMA are often misunderstood and interchanged.  The undertaking to value a property is not done by laymen rather professionals while questions arising from the professional valuation is resolved by Courts.  This situate people to have limited knowledge on the properties that embodies HDMV and RMA and (to our finding) their necessary combination in carrying valuation and litigation issues.  It is like saying that laymen are undergone the potentials of technological era but do not know how the life improvements are made, or at best, laymen do not know how to use the full potential of new technologies.  This is because they are not technical and legal professionals.  They are mostly aware on how to consume the technology rather to improve it and are not motivated to fix it rather to call a technician to prevent additional cost of imprudence.  If only laymen (buyers/ sellers, landowners/ interested or “with stake” parties) are aware of the how of the obscure technology (property valuation), fixing (HDMV) and improving (RMA) the technology can be done without technicians (valuators) and manufacturers (Courts).     </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:"Arial","sans-serif""> </span></p><br /><p><br />Credit:ivythesis.typepad.com</p><br />

Hypothetical Development Method of Valuation (HDMV) and Residual Method of Analysis(RMA)

Introduction             This paper discusses the similarities and differences of Hypothetical Development Method of Valuation (HDMV) an...

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American Education continues to discriminate against minority groups

<p class="MsoNormal" align="center" style="text-align:center;line-height:200%"> <b><span style="font-family:Arial">American Education Continues to Discriminate Against Minority Groups</span></b></p><br /><p class="MsoNormal" style="line-height:200%"><b> <span style="text-decoration: none; font-family: Arial"> </span></b></p><br /><p class="MsoNormal" style="line-height:200%"><b> <span style="text-decoration: none; font-family: Arial"> </span></b></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"><b> <span style="font-family:Arial">Introduction </span></b></p><br /><p class="MsoNormal" style="text-align:justify;text-indent:.5in;line-height:200%"> <span style="font-family:Arial; color:black">America</span><span style="font-family:Arial;color:black"> is a country that places great values to education as an important characteristic in sustaining the democracy maintained and uphold by the Constitution.  </span> <span style="font-family:Arial">The rise of civil rights movement in America since 1940 brings a significant change in the life of the African-American people. Two of the primary goals of the modern civil rights movement are to push for educational change and to improve the educational situation of African-Americans. But the reforms demanded by the movement were not well received by the majority of school personnel and researchers (, 1991). President George Bush, taking side against the Michigan in the Supreme Court case, said that he strongly supported diversity of all kinds including racial diversity in higher education (, 2003). <span style="color:black">However, <b> discrimination in the American education sector still persists among minority groups</b>. </span></span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:Arial"> </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:Arial"> </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"><b> <span style="font-family:Arial">Discussion </span></b></p><br /><p class="MsoNormal" style="text-align:justify;text-indent:.5in;line-height:200%"> <span style="font-family:Arial"> (1996) authored a book that deals with racism in schools, its effects on the academic performance, interpersonal relationships as well as the general outlook on life of African American students as well as other students of ‘color’. He pointed out how most academic institutions, in their confidence that racism has no place in such an idealistic institution often forget that some of their actions and behavior actually have racist implications. Accordingly, racism shows itself repeatedly in classrooms owing to the ignorance of individual teachers as well as administrators through institutionalized racism. In both urban and suburban schools, students of color experience inequality by being given a smaller amount of instructional time biased texts and curricula, harsh sanctions (suspension and detention), lowered teacher expectations, and teacher/administrator and school denial of racist actions. White students who lack sufficient understanding of racism on the other hand often accuse the victims of using their ethnicity or race as a crutch in order to get special treatment due to their laziness to do things on their own initiative. As a result, some potentially brilliant student of color represses his skills and talent out of fear of being bullied and a resentment of not being taken seriously (, 1996).</span></p><br /><p class="MsoNormal" style="text-align:justify;text-indent:.5in;line-height:200%"> <span style="font-family:Arial"> </span></p><br /><p class="MsoNormal" style="text-align:justify;text-indent:.5in;line-height:200%"> <span style="font-family:Arial">The problem it seems, with the educational system is that it has been too complacent or too comfortable to address the issues of institutionalized racism. The academe has taken refuge in its insistence that racism could not exist in an academic institute because of the ideals that the institute claim to uphold. In the University, no student or employee shall, on the basis of their race, color, or national origin be disqualified or excluded from participation in, be denied or deprived of the benefits of, or be subjected to discrimination under any University program or activity. University programs and activities include, but are not limited to, admissions, recruitment, financial aid, academic programs, student treatment and services, counseling and guidance, discipline, classroom assignment, grading, recreation, physical education, athletics and employment (Campus Conduct). But unfortunately most of the time, discrimination is associated with the act of making a disparity, as in favor of or against a person or thing. It is a form of behavior that shows prejudice, but not only the form. It is the failure to treat people in the same way. In most cases, discrimination exists because there is no acceptance and respect. It has also been influenced by traditions and cultures. </span></p><br /><p class="MsoNormal" style="text-align:justify;text-indent:.5in;line-height:200%"> <span style="font-family:Arial"> </span></p><br /><p class="MsoNormal" style="text-align:justify;text-indent:.5in;line-height:200%"> <span style="font-family:Arial">The article entitled “: <b>”</b> by  and  talks about creating classroom communities which are supposed to be, constructive, developmentally appropriate communities of learning that are necessary for solid learning to happen. There is an emphasis on everyone’s need to feel comfortable in order to take risks, and learning that is built on risk-taking. The problem is that teachers may also unwittingly create communities of silence.  The article states that when teachers avoid the subject, and pretend that it doesn’t exist as an issue, or when the issue is treated lightly, they are sending a very strong message which may be unintentional but it produces stifling results. However, when teachers find ways to address the issues surrounding race in society it has been found that children feel liberated. They begin to be more open about their questions and there is more space for them to focus on all kinds of learning ( & , 2003). Efforts towards establishing an earnest multicultural institute are being made however to address and handle this problem and it begins with initiating a self examination on one’s awareness in detecting racist forms of behaviors and attitudes. Common solutions propose to break the silence by gaining enough courage to talk it through with the kids in order to gain a better understanding of themselves as well as growing in a culturally diverse environment. </span> </p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:Arial"> </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:Arial"> </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"><b> <span style="font-family:Arial">Conclusion</span></b></p><br /><p class="MsoNormal" style="text-align:justify;text-indent:.5in;line-height:200%"> <span style="font-family:Arial;color:black">The significance of education has long been hailed through the innovations in science and technology pioneered in the United States in the goal to provide the best kind of learning experience to the young members of the population. </span><span class="storytext"> <span style="font-family: Arial">The support of the government and private sectors and organizations in promoting and upholding the right to education of every student has long been the driving and mechanical force in putting children in schools for them to avail the needs to be educated.  The United States in particular has been known to uphold freedom and equality in experiencing the good life. </span></span> <span style="font-family:Arial;color:black">The individualist cultural orientation of the country instill in its people the importance of independence in the effort and time dedicated in advocating the relevance of individual choice and freedom. But the application of such concepts in the everyday life importantly covers the aspect of education which needs to be closely examined at present regarding issues on discrimination. </span></p><br /><p class="MsoNormal" style="text-align:justify;text-indent:.5in;line-height:200%"> <span style="font-family:Arial;color:black"> </span></p><br /><p class="MsoNormal" style="text-align:justify;line-height:200%"> <span style="font-family:Arial"> </span></p><br /><p class="3text" style="text-align: justify; text-indent: -.5in; line-height: 200%; margin-left: .5in"> <b><span style="font-family:Arial">References:</span></b></p><br /><p><br />Credit:ivythesis.typepad.com</p><br />

American Education continues to discriminate against minority groups

American Education Continues to Discriminate Against Minority Groups     Introduction America is a country that places great values ...

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